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sleep number. comfort individualized. >> judge jeanine: i have never seen anything like it. the irony couldn't be richer. the hypocrisy more outrageous. the message couldn't be more meaningful. welcome to "justice." i'm judge jeanine pirro. the journal news continues to hide, refusing to explain why they printed the names and addresses of legal gun owners including yours truly. instead they are in a hole hunkered down hoping it will pass and that we will all just go away. and get this. they hired armed body guards who won't give us their names or a map to their homes. thick a look. >> -- take a look. >> we are here at the journal news building hoping someone will talk to us. >> why won't you talk to us?

>> because it is difficult, you know. >> would you tell me why you guys released the names of the gun other thans. >> i'm sorry. i'm on the phone. >> can you you speak to us for a second? can we he come in with you and speak with you? why are you hiding from us? >> i'm not hiding at all. >> why won't you answer the questions. >> i'm a security guard here. can i have a card and we'll have somebody call you. >> you are a security guard here, though. why would you be wanting to work here. wasn't your name put out on the list of people as well. >> i have no comment. i just am asking for a card so they can contact you. >> we want you off the property. >> can i ask who you are? >> i represent -- we are here at the home of the publisher of the journal news to see if she will talk to us. >> h hi, janet. >> as you can see, we had the door slammed right in our face.

we are at the home of cindy royal the editor of the journal news and as you can see behind me he there seems to be a guard in her driveway. >> are you protecting this home? >> i have no comment. >> are you a registered gun owner. >> i have no comment. >> were you on the list? that they released? >> judge jeanine: thanks to our producer there. anyway, this week i have been thinking about the reason publisher janet hasson and the journal news gang who managed to ignite a national firestorm gave as a reason for the creation of the interactive map of permit gun holders in westchester. we felt sharing as much information as we could about gun ownership in the area was important in the aftermath of the newtown shooting. let's parse that one out. in the aftermath of the shooting of innocent children you the journal news think it is important to what?

to out us? think about it. you think it is important to out us in the afterthe math of the newtown shooting? how dare you connect law' abiding citizens who have gone through background checks and fingerprinted and received judicial approval to exercise their second amendment rights. how dare you compare them to a nut shop on a lunatic fringe in desperate need -- how dare you compare them to battered women in hiding to the families of police officers and judges and d.a.s like me. this animal massacred innocent babies. he didn't have a pistol permit or go through a rigorous background check. he took someone else's gun. and by the way, although it is none of your business, there is a reason people have guns. we don't need your

sanctimonious position. you put your families in danger and pry you into our lives and put our privacy and security and our safety in jeopardy and then you have nothing to say? let's follow your reasoning. if certain records are public, should we also publish the names of people he receiving food stamps, getting unemployment? those on welfare? the mentally ill? should we give people maps to their homes? there might be a good reason, after all. maybe people on unemployment are working off the books. why don't you out the nearly 40,000 criminals the d.a., my office and i prosecuted every year? the thieves, the rapists, the drug dealers, those who possessed illegal guns and used them in homicides. and by the way, in my 30 years in law enforcement i can remember only one legally registered handgun used in a

murder. these are the people who have already shown that our laws of meaningless to them. and how about a pedophile? let's map the way to their homes. a child is certainly in more danger of a pedophile in the neighborhood than a legally registered handgun. why don't you just admit it was an immensely bad idea that you exercised poor judgment or no judgment at all. that it was a cheap anti-gun stunt that, by the way, is turning out to be pretty expensive for you, you champions of free speech. you are losing subscriptions, advertisers, hiring body guards for your home and the workplace. there is a call for a national boycott of your news paper. how are you going to explain that one to your board of directors in may? instead you have the audacity to hide. you have nothing to say about your indefensible position. you have no comments.

how about i say it for you? you are nothing but a bunch of cowards unwilling to defend yourselves, frozen in fear, you screwed up. period. end of story. with me is gary rose, chairman of the department of government and politics at sacred heart university. and elizabeth stone professor of media studies at fordham university. we know that new york is one of those states where the name and address of someone who owns a gun is public information. but i will ask each of you, has the privacy of gun owners been violated? >> well, that was my principle concern when i first heard about what was happening here in new york and there is also a proposal in connecticut to do the same thing. not necessarily publish an interactive map but nevertheless publish the names of all gun owners. there is a lawmaker introduceing that during the spring legislative session.

>> judge jeanine: there are 29 states that prohibit the release of this information. and professor stone do you think this is the kind of information that puts legal gun owners in jeopardy? >> i think this is a conversation that needs to be had with the state legislature. but i also think that this is a wonderful conversation right here that the rockland journal news prompted. >> judge jeanine: the journal news prompted it but at the same time there are county clerks in putnam county specifically who said under the public officer's law we believe in is an invasion of privacy and we feel this is something that has to be remedied. are there standards for journalists the way there are for doctors and lawyers? are there -- is there a code of ethics for journalists? >> there has to be anded there is. >> is there? >> absolutely. >> i think this is an event. there was a mass shooting 15 miles from the border. >> judge jeanine: my question is are there standards? >> yes, there are. >> judge jeanine: like the code

of ethics. >> standards of news worthiness. this was a legitimate story. you might argue and i would share some of your concerns with how they dealt with it. but the conversation about the density of gun ownership is a legitimate conversation to have. >> judge jeanine: but that can be accomplished by simply putting the pinpoints in the map of people who have guns without identifying them. >> i agree with you. >> judge jeanine: you do? >> yes, on that. >> i have serious issues with what s going on in new york and also now connecticut and in states where they want to publicize the names. when i first heard about this my thoughts went right back to a ruling interestingly enough that came out of the state of connecticut in 1965 the griswold case in which a liberal justice appointed by roosevelt said that the bill of rights contains what we call a constitutional right to privacy. it is not just in the 9th amendment. it winds its way through the entire bill of rights and gun ownership i would argue is in fact a privacy right. >> judge jeanine: there are

courts that held that it is, and it is truly he an invasion of privacy. and the 29 states that won't allow the publication of this information agreed. don't you think that newsworthiness depends upon the information that the newspaper wants to make. >> if i live next door are to a person that has a gun and my kid has play dates with that person i would like to know if there is a gun there. >> judge jeanine: why don't you just ask them? they live right next door to you. >> maybe i will. >> judge jeanine: let's get some talk that my producer pulled out. >> it is interesting. creates a discussion of who around us has gun. might not have been what i would have chose ton do but i don't think that the journalists should be intimidated for releasing the information. >> with all due respect to the -- i believe he is a priest, he doesn't think that the journalist should be

intimidated. what about the people who have guns that feel intimidated? what about the people who don't have guns and now a criminal has a blueprint to their house because they don't have guns? >> what i find troubling about this s the fact that this -- the journalists feel so frightened that they need to hide. if it weren't a matter of gun ownership, if they had outed people about other events they wouldn't be hiding. they wouldn't be fearing. they. >> judge jeanine: what are they fearing? >> people with guns. >> judge jeanine: people with guns? you believe they are afraid of people with guns? how come no one has been arrested. >> do you think if they outed people who chew a lot of guns -- >> judge jeanine: i can feel threatened, too. do you think there is a difference between the outing of someone with guns and the outing of someone who receives an abortion that is paid for are with taxpayer dollars? >> i would argue that there is

a fundamental difference in that. >> judge jeanine: which one should be outed? >> yes, you know, when we get into the abortion issue then i would argue that -- >> judge jeanine: it is a health issue. >> yes, very much so. >> judge jeanine: thanks for being with us this evening. i appreciate it. >> and now we want to know what you think. has the journal news put legal gun owners in danger by printing their names and mapping out their addresses. go to my facebook page or twitter account at judge jeanine and tell me the results and a few of your comments, keep it clean guys. at the end of the show. >> coming up, a mother's worst nightmare. home alone with young children and an intruder breaks in. how one woman protected her family and we can hear it all on tape. why do people count on sunsweet prune juice to stay fit on the inside? it's made only from prunes, nothing else.

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georgia man melinda herman is home with her nine-year-old twins. a man wreck break breaks into . take a listen to her husband who is on the phone both with melinda and 911 in the bedroom? relax. just remember, everything that i showed you. everything that i taught you, all right. she shot him. she is shooting him. she is shooting him.

>> judge jeanine: the intruder, shot five times ran out of the home but was arrested. melinda and her children are safe. with me now is larry pratt who is the executive director of gun owners of america from d.c. and otis mcdonald, the inspiration for the book "an act of bravery." he became the public face of gun rights when challenged chicago's handgun ban. thanks for being with us. otis, you live in the city of chicago. one of the most violent cities in the country. you wanted a handgun and were are told that you couldn't have one. you took your case to the united states supreme court. why? >> because i was afraid for my family. all of a sudden i look around and i can't protect them. and i thought that this is not right. i knew that i had to try and do something.

my garage had been broken into twice. my house had been burglarized five different times. my life had been threatened and i said that this is enough, i have got to find some way. i go to a cap meeting every month for the last 25-30 years. and i know that the policemen are doing the best that they could and i had to go and -- >> judge jeanine: otis, you take the case to the united states supreme court. that is not easy to do. larry pratt, let me ask you. the idea of someone having to go all the way to the united states supreme court to just get confirmation of what they already know, their second amendment rights. isn't that a little frustrating for gun owners? >> frustrating is a very mild word. it is so outrageous that politicians who are well protected by men with guns throughout our country and in

particular in washington and in fact the law that mr. mcdonald was suffering under was pushed ouldough by then mayor jane anybody need a gun and at the very time she was surrounded, surrounded by armed chicago police officers. >> judge jeanine: and otis, when you hear about that 911 call where a woman is with her twins, a mother just learning how to use a gun, if she were in the city of chicago she wouldn't be able to have that handgun, would she? >> no, she wouldn't. at that time, anyway. but -- and that is -- sorry. >> judge jeanine: go ahead. >> and that is mind boggling. i don't understand it. why would innocent law abiding citizens be denied a right to protect themselves in their homes and families when all the

gun criminals are running out here with all these guns and the police cannot possibly take all of them. i mean they do the best that they can. >> judge jeanine: right, right. and clearly in that situation of the woman that we just heard on the 911 melinda herman, the police could not possibly have gotten there in time. but when you hear that the journal news that newspaper that released the names of permit owners in westchester and rockland did an interactive map literally mapping the way to their homes, what do you think of that, otis? do you think that was the right thing for the journal news to do? >> of course, not. that is saying to me that all of the years that you have worked and paid taxes in your home, i have been living there since 1971, and you don't have no right and we care more about the criminals than we do you. and i'm still paying taxes.

>> larry, let me ask you, where do you think this whole discussion is going in the country regarding gun owners? what do you think ultimately is going to happen given that the united states supreme court said the individual has a right to have a weapon? >> i think we have got to smoke out what seems to be behind us. too many times people advocating gun control seem to be very happy with an elitist assumption they are worth protecting and the rest of us chopped liver. i think maybe after the tragedy in newtown people are beginning to realize we have been trying gun-free zones now for 20 years and all we get for the trouble is massacres in gun-free zones. isn't it about time that we wake up and tell the politicians either get with the program or we will get a new politician it and change these laws that militate against decent people being able to defend themselves even though

the politicians can't do anything to keep criminals from getting guns to hurt the rest of us. >> larry pratt and otis mcdonald who joins us interest chicago the gun-free city that is one of the most violent in the country. i appreciate you being with us this evening. >> thank you, judge. >> thank you, judge. >> judge jeanine: weigh in on our instapoll has the journal news put legal gun owners in danger. go to coming up, one of the prosecution star are witnesses. accused killer of jodi arias spent supposed quality time with right after the murder of the victim in this case. ryan burns is next. two football players accused of raping a 16-year-old girl. the attorney for one of the players is here in a "justice" exclusive.

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all of the evidence against me right now is very compelling. >> what really happened in there? >> in a nut shell, two people took travis' life, two monsters. >> you did not shoot travis? >> i never have even shot a real gun. >> you did not stab him 27 times? >> that is heinous. >> or slit his throat from ear to ear. >> i can't imagine slitting any one's throat. no jury is going to convict me? >> why not? >> because i'm innocent. no jury will convict me. >> judge jeanine: will the prediction hold true? will a jury set free a woman accused of shooting, stabbing and slitting the throat of

travis alexander. with me s a man who had a i and wasip with jodi and was with her the day after the murder. good evening, gentlemen. >> good evening. >> good evening. >> judge jeanine: ryan, you met jodi a couple of months before travis was murdered. >> yes. >> judge jeanine: and you had some kind of a relationship with her. what was the extent of relationship? >> i met her at that national convention with our company. she was from california. i was from utah and met her in oklahoma and got her number. me and her started talking on the phone and we kind of started developing a relationship and she was going to come out and visit me in utah and that is when the whole travis alexander thing went down on that trip when she was supposed to come meet me. >> judge jeanine: you were supposed to meet her on a

particular day but she showed up the next day? >> that's right. >> judge jeanine: can you piece it together? >> as the evidence started coming out a few weeks after he was killed she was supposed to come and see me. she was leaving l.a. tuesday night and supposed to take her 12 hours to get to my house. i called her after 12 hours and her phone was off for 24 hours and 36 hours later she shows up to the house and the entire time she was missing her phone was off. >> judge jeanine: in the two months you had communicated with her had you known h her phone to have been off for a long time? >> if i sent her a text or called her she was back within 60 seconds every time so it was very unusual. >> aaron who joins us from arizona. you were friends with jodi as swell. it turns out that -- as well. it turns out that you had driven jodi to the police station on the day that she went in to talk to the police. can you tell us what it was like in the car are with her? >> nothing out of the ordinary happened that evening.

you know, she had asked me to help her out with a ride because she was here in arizona with transportation. the conversation in the car talked about mainly how sad she was that travis was gone and how horrible it was that somebody would do something so brutal to this person that she supposedly loved. and now we know the truth of what her real involvement is. >> judge jeanine: aaron, now apparently travis' friends did not like her. >> they did not have is a very high opinion of jodi. >> what was their opinion of her? >> at first we all thought she was a good match for travis. there were issues in the relationship. a true side of her came out and a lot of -- >> judge jeanine: what was that side, aaron? what did you see that you guys didn't like? >> there were issues with jealouscy and vi vindivtivenes.

things that made her out to be somebody that was jealous and had issues going on in her that she wasn't able to resolve. >> judge jeanine: you saw her the day after as they piece it together the murder of travis alexander. what was her physical condition? >> nothing unusual about it. there were two small bandages on her fingers. people said her hand was all bandaged up. there were two small cuts. she said she cut her fingers at the place where she used to work, margaritaville on a glass that she broke. >> judge jeanine: what was she like in court are? what was her behavior are and how was she acting? >> straight face. didn't have much of anything. >> judge jeanine: did she react to you at all? >> not really. not really. >> judge jeanine: aaron o,

travis' friends now, are any of them communicating with jodi? >> not that i'm aware of. pretty much everyone has cut off all communication with her. as you can see in the courtroom the people there witnessing this case are travis' friends. she has her mother and an aunt and i believe one other friend on her side. nobody is backing jodi on this one. >> judge jeanine: thanks for being with us this evening. and coming up, our "justice" expert panel on this week's developments in that jodi arias trial. and later, i go one on one with the attorney for one of the football players accused in the steubenville rape case. stay with us. aig? we said we were going to turn it around, and we did. woman: we're helping joplin, missouri, come back from a devastating tornado. man: and now we're helping the t recover from hurricane sandy. we're a leading global insurance company, based right here in america. we've repaid every dollar america lent us. everything, plus a profit of more than $22 billion. for the american people. thank you, america.

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live from america's news headquarters i'm harris faulkner. people in southern, california bundling up for what could be record low temperatures overnight. forecasters warning frost could be coating the beaches from san diego to l.a. come morning. this unusual cold snap problematic for california's vital citrus industry as well. cyclist lance armstrong reportedly set to talk about taking performance enhancing drugs to win the tour de france races 7 times. armstrong has denied doping charges for a long time now but now says he s fell the associated press he is ready to give a limited confession to oprah winfrey at an interview scheduled to air next week. the baltimore ravens

beating the denver broncos in overtime. they will face the winner of tomorrow's game between the houston texans and new england patriots. let's get you back to "justice" with judge jeanine. ♪ i'm going home going to load my shotgun, going to wait by the door and light a cigarette, he wants a fight well now he has got one, he ain't seen me crazy yet ♪ >> judge jeanine: this weekend testimony focused on the timeline of the injuries the victim sustained. >> i felt that the gunshot wound may have been last but in any event the gunshot wounds and the wounds to the neck would have had to have come after the defensive wounds of the hands. >> you were asked about in terms of sequencing which came first. which wound came first, correct? >> yes. >> okay. and do you recall what your answer was? >> i answered that the gunshot was possibly first. >> do you recall relaying the opinion that mr. alexander would be conscious after

being -- suffering the shot to the head. >> that was my opinion at that time. >> that was your opinion. but what you were -- so you weren't relaying dr. arndt's opinion as you said during the transcripts. you were relaying your own? >> that was my understanding of what the situation was. i'm not the ultimate decisionmaker on that. >> judge jeanine: with me is criminal detention attorney and former prosecutor jeff gold and psychologist dr. jeffrey gardier and former nypd detective harry halp. we saw a detective covering an opinion that the gunshot wound came first which kind of made a little sense because then he would be incaucuse be incapaci. have you been asked to formulate an opinion regarding which injuries came first as a detective? >> you know, it is very hard to

do and i usually do that on the crime scene. i would look around and try and piece the crime scene together, all right. as this detective probably did also based on the evidence that was at the crime scene what might have happened first. personally, i think the gunshot occurred first myself. >> judge jeanine: so do i. if i'm the prosecutor in the case you know what i'm doing. i'm saying objection, he is a you know, and get that off the table. i will move down the table this way. >> he is a medical examiner, not here today. >> talk about your field of expertise. this woman is a whack job, yes? >> at some point you will be discussing this why not an insanity plea. she s a whack job and crazy but it doesn't rise to the level of legal insanity. >> judge jeanine: doctor, in terms of your background this woman hooks up with another are guy shortly after she allegedly stabs, shoots and slits the throat of her are boyfriend.

>> right. >> i mean can you identify these people in public? what do they look like other than a black widow? >> these are people who are are sociopaths. >> we are looking at a bloody scene photo of the home. >> how do you go through something like this and then hook up with someone right afterwards, you are smiling, you are dancing, you are singing while you are in prison. all of that is part of that sociopathic personality, antisocial personality. she is not the a schizophrenic but you she is very seriously disturbed. >> judge jeanine: but she doesn't appear to be disturbed. insanity defense, jeff, would you offer it? >> it ought to be. but she is too crazy to use it. she says first i didn't do it and then it was intruders and then domestic violence. she tells the court she wants to represent herself. she is whacky but only whacky to get the defense that could

help her. >> we don't know it. >> we don't know it because she hasn't allowed herself to be he examined. >> we know it. look at all of the interviews that she has given. obviously she is very disturbed but very manipulative. she s a liar are and we see it but it is not -- >> hair relationship, go ahead. go ahead. >> doesn't the premeditation show that she is not insane? >> the fact that she had the premeditation quite often you don't see them being able to get an insanity plea. >> judge jeanine: the premeditation and blaming it on someone else tells me she knows the difference between right and wrong and that is why she is saying two guys came in and i got away. she is a calculating wid. >> that may be the case but you that is the only thing that would save her is a possible insanity defense. >> judge jeanine: will she get the death penalty? >> i think so. >> what do you think? >> i think she won't get it. >> judge jeanine: harry? >> i hope so. >> judge jeanine: we will talk to you a little later in the show.

up next for the first time, the attorney for one of the football players accused in the steubenville rape case that divided the midwest town in ohio and created controversy across the nation talks. ♪ ♪ ♪

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and you're fully awake. driving, eating, or engaging in other activities while not fully awake without remembering the event the next day have been reported. abnormal behaviors may include aggressiveness, agitation, hallucinations, or confusion. alcohol or taking other medicines that make you sleepy maincrease these risks. in depressed patients, worsening of depression, including risk of suicide, may occur. intermezzo, like most sleep medicines, has some risk of dependency. common side fects are headache, nausea, and fatigue. so if you suffer from middle-of-the-night insomnia, ask your docto about intermezzo and return to sleep again. ♪ >> judge jeanine: in steubenville, ohio, a night of partying for a group of high schoolers goes horribly wrong.

now, two young men face rape charges. a 16-year-old girl will never be the same. and a town torn apart. >> to be labeled as a rape city, the city that cover is up things is just to me appalling. >> national outrage over an alleged rape of an underaged girl in this small ohio town. photos, videos and tweets about the incident posted online. now, two 16-year-old high school football players trent mays and malik richmond are charged with the rape of a 16-year-old girl who lived just across the river from steubenville. august 11, mays and richmond along with the 16-year-old girl go party hopping. according to witnesses she is so drunk she can't walk. this disturbing photo appears to show the limp body of an unconscious girl being carried

by her kist and ankles. hacker group calling itself anonymous posted this photo along with this explosive video where even a graduate of the high school joked about the incident. what if that was your daughter? >> i couldn't care. i would let her be dead. >> many accused the school and the football crazed town of a coverup. they say the big red players get special treatment. school superintendent michael mcvay disagrees. >> football is part of our system but they are no better than the other programs. >> steubenville police arrested the two teens ten days after the alleged rape. residents now hope justice will be served. >> that courthouse right there. whatever is going to happen, let it happen in there, not out here. >> judge jeanine: now, on a

"justice" exclusive, brian duncan the attorney for trent mays one of the accused steubenville defendants. thanks for being with us. it is very unusual for a defense attorney in a case like this to want to talk about it nationally. you say you want to clear stuff up. what do you want to clear up? >> first let me thank you for the opportunity to be here this evening. we appreciate it. one thing that we wanted to talk about clearly was the negative publicity that has been set out on the entire are steubenville, ohio community as well as the surrounding area. and really show and state that there are very wholesome individuals that comprise that community. >> judge jeanine: your client is accused of one of the most vicious crimes imaginable. a young girl who was party hopping who was apparently drunk if not drugged and almost unconscious according to the videos we are seeing.

what will the defense be in a case like that? >> with respect to the video itself, the video is repulsive, clearly. we believe it has no evidentiary value with respect to the case. >> judge jeanine: isn't your client in the video? >> no, your honor. he is not in the video nor is the other named defendant. neither of the individuals appear in the video nor were they present at the time that the video was in fact shot. >> judge jeanine: it appears there are not codefendants but individuals stew yo students fe school who are testifying against your client and the other defendant. are they making this up? there is a basis upon which to believe something horrific happened to this girl. >> well, the basis was set forth in the original probable cause hearing that took place in or about the middle of september. at that hearing one of the underlying charges which was kidnap was in fact thrown out. >> judge jeanine: but the rape

wasn't? >> the rape charges are still proceeding forward in court. >> judge jeanine: how are you going to defend your client? look, this is an unusual situation because the victim in this case was supposedly unconscious. is that your understanding that she cannot identify who did this? >> our understanding is that the time the witness who is testifying that there was some activity on behalf of our client at that time the jane doe was in fact conscious and she -- >> judge jeanine: and that she did engage in sexual intercourse. is your defense that there was sexual intercourse, but it was consentual? >> no, we are not stating that there was in fact sexual conduct. sexual conduct is the standard in ohio which would determine whether or not there was a rape and that will require -- >> judge jeanine: what about digital penetration. >> that is grounds for sexual conduct which could be grounds

for rape. >> judge jeanine: your client was at the party, correct? >> our client was present? >> was he one of the ones holding her? >> we are not in a position to admit or deny that position. >> judge jeanine: he clearly there was. has she testified in any way, shape or form yet? >> no. >> judge jeanine: why are they in juvenile court? >> there was a proceeding and the judge determined this case should in fact be held in the juvenile system. >> judge jeanine: and the defendants stay in jail until they are are 21 if they are convicted or in the juvenile justice system. joining me is megan o'brien. she joins us from cleave land. megan, the 16-year-old girl at center of the case is unlike so many rape victims in trials that i have tried as a prosecutor are and as a judge. she has been videotaped. her privacy is exposed more than your typical rape victim. does this help or h hurt her? >> well, first of all, what this victim has endured is

extremely extremely traumatic. so the fact that she has to be revictimmized by these images being posted in a very small and closed community is extremely extremely hurtful and will continue to revictimize her for the rest of her life. >> judge jeanine: no question about it. what about the claim that the town is -- it was a very small town, maybe 18,000 people, every friday night during football season they pack the stands 10,000 strong for the football games. that the idea of these football players, these jocks, these testosterone driven guys being the heros is more important than the victimization of an innocent young girl? >> i will say that there are a lot of parallels to many cases we see at the cleveland rape crisis center in terms of in a closed community when you have any type of organization or system that holds power in the community it is going to be supported and backed so i think

that we see this in a lot of cases when it is a community that is very small and closed. >> judge jeanine: what is interesting about this community is that it took the community or the outside community to be h outraged befe there was action taken. have you seen that kind of behavior before? >> i think we are seeing that more and more. i think it is absolutely terrible that this individual victim, the survivor's life and this tragedy is being posted all over the internet. do i think that it is causing, it sparked national attention and national outrage and i do think that we are are seeing some what of a tipping point in terms of people saying that this is unacceptable. this type of violence against girls and women is not going to be tolerated by is society. if there is any positive at all i do think that we can see there is some hope that as a society we are starting to say that we are not going to tolerate this violence any more. >> judge jeanine: do you think your client is going to get a

fair trial? >> we believe that the the justice system will work how the justice system needs to work. that being said we are attempting to have the venue moved out of the steubenville area. >> judge jeanine: you will move for out of the steubenville area. the judge would go with the case? >> the judge would go with the case. >> judge jeanine: and you are hatchpy with this judge because he didn't move the case to his own court. >> he handled it accordingly. he is not from the area. a retired judge with a solid reputation throughout the state of ohio. >> judge jeanine: so i understand. thanks for being with us this evening, both of you, may gin and brian. up next, the "justice" expert panel breaks down the steubenville rape. be sure to catch a special edition of on the record when jet that lookle at the rebuilding of -- when greta looks at the rebuilding of haiti three years after that

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this case is still under investigation. and it will be under investigation until the trial starts, more information will be presented. you have got a good judge that is a no nonsense judge handling the case and two prosecutors from the attorney general's office handling this case. >> back with me is criminal defense attorney former prosecutor jeff gold. psychologist dr. jeffrey gardier and fo nypd detective harr hair halp. this case didn't even get investigated until the young girl's parents saw what was being posted online and they go to the police. do you think there is any evidence that is being collected here? >> a nightmare for detectives especially after an alleged rape that she wasn't seen in the hospital and the rape kit

wasn't conducted on her right away. also the fact is what i'm hearing is that other evidence wasn't collected also. the fact that none of the evidence was taken from the two boys charged in this. where is their underwear. was the car taken, allegedly rape occurred in the car. was the car impounded. as far as i'm hearing right now, none of that has been done. sounds like there might have been a little bit of a screwup here. >> judge jeanine: what about the fact that you have eyewitnesses here and there are some of the high schoolers who have been -- who have indicated that this did happen. that this rape happened and they he have not been given immunity so they have no interest that. >> that is what i'm hearing. >> judge jeanine: that is devastating for the defense. >> devastating for the defense, yes. >> judge jeanine: before i get to the lawyer jeff. what does it tell you about these kids and i'm not even going to go near the underaged drinking party and the fact that there apparently was a coach who was hosting this

stuff because i have had my own run-ins with these guys. what about the morals of these kids where she is basically unconscious or so it appears and doesn't remember anything as far as i read. they are saying pee on her. urinate on her. one guy is saying what if she were your daughter and he says oh, she's dead to me. >> she is part of the commune the and she is drunk, let's help her. let's not take advantage of her. >> judge jeanine: these boys are all american football players. what is their moral code? >> when we look at this kind of a situation, is it that football players once again are being coddled, are they being protected? is football the game, the game in that town and therefore they he have a different standard, diving for cover he rendifferee not raised the way they should. we have seen it happen over and

over. >> judge jeanine: i have seen it a million times. jeff is this the kind of case because it is in family court or juvenile court where the defense has an upper hand. >> they do. once they won a hearing to not bring it up to adult court the worse that could happen to the kids is to stay in juvenile until 21. a huge victory no matter what happens in the casey anthony convict.se, even if >> jury or no jury. >> an open hearing which is interesting. >> that s interesting. tearing the town apart which s really very sad. thanks so much for being with us, guys. >> thanks for having us. >> judge jeanine: now, we go to the instapoll results. a whopping 82% gave a resounding, yes. now, that is a whopping 82% who said, yes, he did they put the gun owners in danger. not whether they should have printed it. but did they put us in danger.

what sanctimonious ego maniac. carmen wrote how does it feel you journal news dummies. you scared? hire armed guards. >> and katie tweeted this could get ugly if they do gun grabs. hey, they outed me. i didn't publish it. that's it for us tonight. thanks for joining us. captioned by closed captioning services, inc. that was good. you had your shoulder pointed, you kept your eyes on your target. let's do it again -- watch me. just like that one... male announcer ] the durability of the volkswagenassat. pass down something he will be grateful for. that's the power of german engineering.

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